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Session Laws, 1912
Volume 370, Page 1479   View pdf image
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PHLLLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 1479

their records, which said description and plat shall be deemed
official and prima facie correct by said county commissioners
and in the courts of this State until and unless the contrary be
proven. Whenever possible, such description shall be made by
reference to the original description of said road when the
same was acquired by grant or condemnation, if such descrip-
tion can be found, but if same cannot be found, then such
description and plat shall be made of said road as actually laid
out and existing.

1910, ch. 484 sec. 177N.

462. The County Commissioners of Montgomery County
shall have the power at any time of their own volition, and
without petition being filled, to open, alter, relocate or close any
public highway, avenue, street, lane or alley; provide necessary
drainage for any public highway, avenue, street, lane or alley;
and all private property or rights therein, including quarries,
deposits of stone, sand, gravel or other road-building material,
rights of way thereto and places for the accumulation of road-
making and road-repairing materials and equipment necessary
for the exercise of such powers as may be acquired by gift,
purchase or rental agreement, or by condemnation. When said
county commissioners shall conclude that such condemnation
is necessary and desirable in the public interest they shall give
notice of the same by publication in one or more of the county
papers for two successive weeks, setting forth as near as may
be the property or right to be condemned, the name of the
property owners concerned and also the abutting property
owners and the date on which the three examiners hereinafter
provided for will proceed to view and consider the same. The
county commissioners shall then for such purpose appoint three
examiners, one of whom shall be the road superintendent; one
a resident of the district in which the proposed road, property
or right to be condemned is located, and who does not own
property in the line of .the same, and is not directly affected
thereby or interested therein except as a resident of such dis-
trict ; and the third a disinterested freeholder of the county, to
go upon the grounds, examine into the public need for the
opening, altering, relocating or closing the road as aforesaid
or of condemning the property or right proposed to be con-
demned; determine the probable cost thereof and the names of
the property owners who will be benefited or damaged thereby,
and the amount to which each will be so benefited or damaged
and shall assess the cost of said road, property or right to be
condemned as aforesaid, and damages and benefits caused
thereby upon the persons interested and the county, respectively,

 

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Session Laws, 1912
Volume 370, Page 1479   View pdf image
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